a. Prior
to commencing any inspection authorized pursuant to this chapter,
the Administrator shall obtain the consent of the owner or occupant
of the premises, an inspection warrant or a criminal search warrant.
b. The
Administrator may conduct inspections related to purposes of implementing
this chapter on private or public property. Inspections shall be based
upon such reasonable selection processes as may be deemed necessary
to carry out the objectives of this chapter, including, but not limited
to, compliance with requirements of the Municipal Stormwater Permit,
visual evidence, complaints received, knowledge or physical evidence
of industrial activities or other pollutant sources, random sampling,
sampling in areas with evidence of stormwater contamination, illicit
connections, discharge of non-stormwater to the County storm drain
system or similar factors.
c. The
Administrator may enter upon private property to investigate the source
of any discharge to any public street, inlet, gutter, storm drain
or the County storm drain system.
d. The
Administrator may enter upon private property for the purpose of verifying
compliance with the provisions of this chapter, including, but not
limited to, the following:
1. Identifying
products produced, processes conducted, chemicals used and materials
stored on or contained within the property;
2. Identifying
point(s) of discharge of all wastewater, process water systems, pollutants
and other discharges from the property;
3. Investigating
the drainage patterns of the premises, including natural and graded
slopes, and artificial conveyance systems;
4. Establishing
the location of all points of discharge from the property, whether
by surface run-off or through a storm drain system;
5. Locating
any prohibited condition, illicit connection, or the source of any
prohibited discharge; and
6. Evaluating
implementation of BMPs.
e. For
purposes of verifying compliance with the provisions of this chapter,
the Administrator may inspect any vehicle, truck, trailer, tank truck
or other mobile equipment, or any stationary equipment, which may
reasonably be believed to be used by the business for business-related
activities and to be associated with industrial sources of pollutants
or with non-stormwater discharges.
f. The
Administrator may inspect and copy all records of the owner or occupant
of any premises relating to chemicals or processes presently or previously
occurring on-site, including materials and/or chemical inventories,
facilities maps or schematics or diagrams, material safety data sheets,
hazardous waste manifests, business plans, pollution prevention plans,
state general permits, monitoring program plans or any other records
relating to illicit connections, prohibited discharges or the potential
discharge of pollutants to the County storm drain system. In addition,
the Administrator may require the owner or occupant to furnish, within
a reasonable time period, copies of all such records.
g. The
Administrator may inspect, sample and test any area runoff, soils
area (including any groundwater testing), process discharge, materials
within any waste storage area (including any container contents),
and/or treatment system discharge for the purpose of determining the
potential for the contribution of pollutants to the County storm drain
system. The Administrator may investigate the integrity and layout
of all storm drain and sanitary sewer systems or other pipelines on
the premises using appropriate tests, including, but not limited to,
smoke and dye tests or video surveys. The Administrator may take photographs
or video tape, make measurements or drawings, and create any other
record reasonably necessary to document conditions on the premises.
h. The
Administrator may erect and maintain monitoring and sampling devices
for the purpose of measuring any discharge or potential source of
discharge to the County storm drain system.
(SCC 1280 § 2, 2004; SCC
1295 § 7, 2005)
a. The
Administrator may require any person to report information for purposes
related to the purpose and intent of this chapter. Required information
may include but is not limited to the following: characterization
of industrial activities; compliance with this chapter, compliance
with a County stormwater permit; compliance with State General Permit
requirements; compliance with the County stormwater Ordinance; compliance
with administrative enforcement orders or other enforcement actions;
discharge monitoring; training; and BMP implementation, effectiveness,
and maintenance.
b. The
Administrator may require information to be submitted on an as needed
basis, or according to a specific schedule as specified in a County
stormwater permit.
c. The
Administrator may require submitted information to be compiled, summarized,
analyzed or organized in a reasonable manner that facilitates its
interpretation or other use. As necessary to facilitate the use of
information, the Administrator may also specify the medium and format
of required submittals.
d. Failure
to provide information in a timely manner as required by the Administrator,
or knowingly or negligently concealing, destroying, or providing false
information shall be a violation of this chapter.
(SCC 1280 § 2, 2004; SCC
1295 § 8, 2005)
a. Information
and data on a discharger or potential discharger obtained from inspections,
reports, questionnaires, applications, permits, monitoring programs,
records, or any other form of submittal to the County shall be available
to the public or other governmental agency without notification unless
the discharger or potential discharger specifically requests confidentiality
as to any portion thereof and is able to demonstrate to the satisfaction
of the Administrator that the release of such information would divulge
information, processes or methods of production entitled to protection
as trade secrets of the discharger or potential discharger. Stormwater
and non-stormwater discharge constituents and characteristics will
not be recognized as confidential information, and effluent data shall
be available to the public without restriction.
b. When
requested by a discharger or potential discharger furnishing information
to the County, and agreed to by the Administrator, the portions of
that information which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available to the County and other governmental agencies for
uses related to the ordinance codified in this chapter, the National
Pollutant Discharge Elimination System (NPDES) and/or the pretreatment
program, and enforcement of other environmental regulatory programs.
Those portions of the information shall also be available for use
by the state or any state agency in judicial review or enforcement
proceedings involving the discharger or potential discharger furnishing
the information.
c. Information
and data requested from a discharger or potential discharger which
the discharger or potential discharger believes to be proprietary
and the release of which to the public would substantially impair
the operations or business interests of the discharger or potential
discharger, may alternatively be provided to the County for its review
at the facility of the discharger or potential discharger rather than
provided to the County for its keeping, at the discretion of the County.
The burden will be on the discharger or potential discharger to demonstrate
to the satisfaction of the County that such information is proprietary
and that this alternative procedure is necessary or appropriate and
will not prevent the County from properly carrying out the objectives
of this chapter
d. In
the event access to or disclosure of any such confidential or proprietary
information is requested pursuant to an action brought under federal
or state laws, the County shall have the option, in its sole discretion,
of defending itself in such action or requiring the discharger or
potential discharger to provide a defense. If the County makes written
tender upon a discharger or potential discharger to defend such an
action with counsel acceptable to County and such discharger or potential
discharger does not appear in and assume the defense of such action
within the time specified in the tender, the County shall be free
to disclose the information to the party making request therefor.
In any event, the discharger or potential discharger shall be liable
to the County in defending such action and for any judgment rendered
against the County in such action. Payment of all such amounts shall
be made by the discharger or potential discharger within 30 days of
billing by the County.
(SCC 1280 § 2, 2004; SCC
1295 § 9, 2005)
Any reports, data, or other records and documentation required
by the Administrator of a discharger to be collected or submitted
for characterizing discharges, demonstrating compliance with this
chapter, or otherwise related to the purposes of this chapter, shall
be retained at the discharger's premises and made readily available
to the Administrator for a period of not less than three years.
(SCC 1295 § 10, 2005)
The Administrator shall collect such fees as may be established
by the Board to provide for the recovery of regulatory costs, including
routine inspections and other regulatory functions associated with
this chapter. Any such fees shall be established by resolution of
the Board. Failure to pay required fees within the time period set
in policy established by the Administrator shall be a violation of
this chapter. There shall be no fee assessed to appeal the determination
that a person conducts any significant industrial activity.
(SCC 1280 § 2, 2004)